Rules of the Review Tribunal (Canada Agricultural Review Tribunal) (SOR/2015-103)

Marginal note:Tribunal member raising bias or conflict of interest

27 If a member of the Tribunal feels that he or she is not in a position to act impartially or cannot review a matter due to a conflict of interest, the Chairperson must direct that the matter be reconvened with a differently constituted Tribunal or order a new hearing.

PART 3Review of Notices of Violation

Marginal note:Application

28 This Part applies to all proceedings before the Tribunal initiated as a result of a request made in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Regulations or the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations under subsection 8(1), paragraph 9(2)(c) or paragraph 11(1)(b) of the Agriculture and Agri-Food Administrative Penalties Act.

Marginal note:Acknowledgement of receipt

29 Within seven days after the day on which the Tribunal receives a request referred to in rule 28, the Tribunal must send

• (a) an acknowledgement of receipt of the request for review to the applicant; and

• (b) an acknowledgement of receipt of the request for review, along with a copy of the request for review, to the competent minister in relation to the violation or his or her delegated representative.

Marginal note:Tribunal file

30 Within 15 days after the day on which the acknowledgement of receipt is sent, the Minister or his or her delegated representative must file with the Tribunal

• (a) proof of service of the notice of violation that is the subject of the review; and

• (b) a statement that there is no monetary penalty set out by the notice of violation or, if there is one, that it has not already been paid by the applicant.

Marginal note:Addendum

31 Within 15 days after the day on which a request referred in rule 28 is made, unless the following information is already contained in the applicant’s request for review, the applicant must file with the Tribunal an addendum containing the following information:

• (a) the applicant’s full name, civic address, mailing address if different from their civic address and at least one of their telephone number, fax number and email address;

• (b) if the applicant is represented by a representative, written authority from the applicant for the representative to so act, as well as the representative’s full name, civic address, mailing address if different from their civic address and at least one of their telephone number, fax number and email address;

• (c) if the applicant is represented by legal counsel, their full name, civic address, mailing address if different from their civic address and at least one of their telephone number, fax number and email address;

• (d) the applicant’s reasons for the request, other than defences that are not allowed under subsection 18(1) of the Agriculture and Agri-Food Administrative Penalties Act, along with any supporting documents;

• (e) the applicant’s choice of official language for the proceeding; and

• (f) a complete copy of the notice of violation issued by the Canadian Food Inspection Agency, Health Canada or the Canada Border Services Agency that is being challenged.

Marginal note:Order on admissibility

• 32 (1) The Tribunal must make a decision on the admissibility of a request for review within 60 days after the day on which the acknowledgement of receipt of the request is sent to the parties, and send that decision to the parties in writing without delay.

• Marginal note:Grounds to consider

  (2) The Tribunal must, in coming to its decision on admissibility, consider any relevant factor, including whether

  • (a) the Minister or his or her delegated representative has complied with all of the requirements of rule 30; and

  • (b) the applicant has complied with all of the requirements of rule 31.

Marginal note:Minister’s report

33 The Minister or his or her delegated representative must, within 30 days after the day on which the Tribunal decides that the request for review is admissible,

• (a) serve on the applicant a report containing any information relating to the violation, along with any supporting documents, and, if applicable, a written confirmation of the Minister’s refusal of the request to enter into a compliance agreement made under paragraph 9(2)(a) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; and

• (b) file the report, any supporting documents and, if applicable, the written confirmation of the refusal set out in paragraph (a), along with proof that the report, supporting documents and, if applicable, the written confirmation of the refusal set out in paragraph (a) have been served on the applicant, with the Tribunal.

Marginal note:Acknowledgement of receipt

34 Within seven days after the day on which the Tribunal receives the report, the Tribunal must send an acknowledgement of receipt to the parties.

Marginal note:Additional submissions

35 Within 30 days after the day on which the report is served, the applicant must

• (a) indicate to the Tribunal whether they wish to proceed by way of oral hearing or by way of written submissions; and

• (b) file any additional submissions in relation to the report with the Tribunal.

Marginal note:No further submissions

36 No further submissions are to be filed after

• (a) the expiry of the time limit for the filing of a Minister’s report, if it has not been filed by the Minister or his or her delegated representative in accordance with rule 33;

• (b) the filing of the applicant’s additional submissions in accordance with rule 35; or

• (c) the expiry of the time limit set out in rule 35 for the filing of the applicant’s additional submissions, if none has been filed.

Marginal note:Decision or notice of hearing

37 The Tribunal must, after the day on which no further submissions are to be filed in accordance with rule 36,

• (a) if a review is proceeding by way of written submissions, render a decision based on the documents and exhibits received from the parties; or

• (b) if a review is proceeding by way of a hearing, send a notice of hearing to all parties at least 30 days before the hearing date.

Marginal note:List of witnesses

38 At least 20 days before the hearing of a matter, each party must serve on the other party and file with the Tribunal a list of the witnesses it intends to call, along with their civic address, mailing address if different from their civic address and telephone number.

Marginal note:Failure to appear

39 If one of the parties does not appear at the hearing, and if the Tribunal is satisfied that a notice of the hearing was sent to the most recent address on file of that party, the Tribunal may grant or dismiss the request for review, or proceed with the hearing in the party’s absence and dispose of the review in any applicable manner referred to in section 14 of the Agriculture and Agri-Food Administrative Monetary Penalties Act.

Marginal note:Postponement and adjournment

• 40 (1) The Tribunal may postpone or adjourn a hearing on any terms that it considers appropriate.

• Marginal note:Delay

  (2) Any request for a postponement or an adjournment must be made at least 8 days before the hearing date.

Marginal note:Decision after hearing or later

41 The Tribunal may render a decision orally at the end of a hearing or it may reserve its decision until a later date.

Marginal note:Decision to be sent

42 The Tribunal must provide a decision in writing and send a copy of it to all parties without delay.

PART 4Review of Minister’s Decisions

Marginal note:Application

43 This Part applies to all proceedings before the Tribunal initiated as a result of a request made in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Regulations or the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations under subsection 12(2) or paragraph 13(2)(b) of the Agriculture and Agri-Food Administrative Penalties Act.

Marginal note:No new evidence

44 The parties may present new evidence only with the permission of the Tribunal.

Marginal note:Acknowledgement of receipt

45 Within seven days after the day on which the Tribunal receives a request referred to in rule 43, the Tribunal must send

• (a) an acknowledgement of receipt of the request for review to the applicant; and

• (b) an acknowledgement of receipt of the request, along with a copy of the applicant’s request for review, to the competent minister in relation to the violation or his or her delegated representative.

Marginal note:Tribunal file

46 Within 15 days after the day on which the acknowledgement of receipt is sent, the Minister or his or her delegated representative must file with the Tribunal proof that the Minister’s decision that is subject to the review has been served on the applicant.

Marginal note:Addendum

47 Within 15 days after the day on which a request referred to in rule 43 is made, unless the following information is already contained in the applicant’s request for review, the applicant must file with the Tribunal an addendum containing the following information:

• (a) the applicant’s full name, civic address, mailing address if different from their civic address and at least one of their telephone number, fax number and email address;

• (b) if the applicant is represented by a representative, written authority from the applicant for the representative to so act, as well as the representative’s full name, civic address, mailing address if different from their civic address and at least one of their telephone number, fax number and email address;

• (c) if the applicant is represented by legal counsel, their full name, civic address, mailing address if different from their civic address and at least one or more of their telephone number, fax number and email address;

• (d) the applicant’s reasons to vary or set aside the Minister’s decision;

• (e) the applicant’s choice of official language for the proceeding;

• (f) a copy of the Minister’s decision, including any reasons; and

• (g) a complete copy of the notice of violation issued by the Canadian Food Inspection Agency, Health Canada or by the Canada Border Services Agency that is being challenged.

Marginal note:Decision on admissibility

• 48 (1) The Tribunal must make a decision on the admissibility of the request for review within 60 days after the day on which the acknowledgement of receipt of a request is sent to the parties, and send that decision to the parties in writing without delay.

• Marginal note:Grounds to consider

  (2) The Tribunal must, in coming to its decision on admissibility, consider any relevant factor, including whether

  • (a) the Minister or his or her delegated representative has complied with rule 46; and

  • (b) the applicant has complied with all of the requirements of rule 47.

Marginal note:Documents relating to the decision

49 The Minister or his or her delegated representative must, within 30 days after the day on which the Tribunal decides that the request for review is admissible,

• (a) serve on the applicant a certified copy of all documents or exhibits relevant to the request for review that are in the possession of the Minister whose decision is subject to the review;

• (b) file with the Tribunal the certified copy of all documents or exhibits relevant to the request for review that are in the possession of the Minister whose decision is subject to the review along with proof that the documents were served on the applicant and any written confirmation of the Minister’s refusal to enter into a compliance agreement pursuant to a request made under paragraph 9(2)(a) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; and

• (c) if there are any documents or exhibits that cannot be reproduced,

  • (i) serve on the applicant a notice of filing containing a list of the documents or exhibits that cannot be reproduced, along with the reasons why they cannot be reproduced; and

  • (ii) file the original documents or exhibits with the Tribunal along with proof that the notice of filing and reasons were served on the applicant.